R. S. Blay & Ors V. J. M. Solomon (1947)
LawGlobal Hub Judgment Report – West African Court of Appeal
Preliminary objection—Interlocutory decision—Time for appeal—Distinctionbetween interlocutory and final judgment—West African Court of Appeal Ordinance, section 3 (3).
Facts
The respondent, as plaintiff sued the appellants, as defendants, for possession of property, an account of rents and profits and partition or sale.
The trial Judge ordered that an account as between the respondent and the third appellant should be filed and that the property be sold by auction.
Held
That, for the reasons given in the judgment, this was an interlocutory decision and no special leave to appeal having been obtained pursuant to section 3 (3) of the West African Court of Appeal Ordinance, the appeal was not properly before the Court.
Appeal dismissed.
